News - Double Success in the Court of Appeal today for Ben Collins QC

Administrative & Public Law - Ben Collins QC

The Court of Appeal handed down judgment today in two cases in which Ben Collins QC represented the successful party.

In SSHD v Christy [2018] EWCA Civ 2378 Ben appeared pro bono for the successful Respondent Ms Christy through the RCJ Advice scheme. The Court gave important guidance for the proper approach to applications for residence cards by unmarried partners of British citizens. Ms Christy’s application had been rejected and the Court of Appeal ruled that the Secretary of State had taken the wrong approach and was required to reconsider the decision. To read our case note, written by Camille Ibbotson, please click here. The full judgment is available here.

Judgment was also handed down in CICA v FTT and CJ [2018] EWCA Civ 2367, in which Ben appeared for the successful Criminal Injuries Compensation Authority. The Court considered the proper approach to reopening claims for compensation on the basis of a change in the applicant’s medical condition. The Upper Tribunal had held that, in considering whether injustice would occur if the award were allowed to stand, the Authority could not consider non-medical questions such as character and convictions. The Court allowed the Authority’s appeal and held that questions of injustice require consideration of all the circumstances. There was no need to reopen an appeal to consider a medical deterioration if it was apparent that the application would be bound to be dismissed for other reasons. The full judgment is available here.

Ben is a Consultant Editor to the new OUP work “Criminal Injuries Compensation” by Dr David Miers, which was released this week. For further information on how to order this book, please click here.

Today’s cases mean that Ben has now achieved four successful judgments in the last three weeks, spread across his practice areas of employment, clinical negligence, personal injury and public law. On 5 October the High Court gave judgment in Asante v Guy’s and St Thomas NHS Foundation Trust [2018] EWHC 2570 (QB) [case link], a case arising out of inadequate management of osteomyelitis in a patient with sickle cell anaemia (Ben successfully represented the claimant, instructed by McMillan Williams); and on 9 October the Employment Tribunal held that a Consultant Surgeon (represented by Ben instructed by Eastwoods), had been unfairly and wrongfully dismissed by his employing NHS Trust.

 

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